IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.57337-57339 OF 2013 (GM-RES) BETWEEN:
1. S.M. SUNIL S/O. S.N. MANJUNATHA SETTY AGED ABOUT 39 YEARS OCC: PROPRIETOR GURUVAIBHAVA ENTERPRISES VEERASAVARKAR ROAD CHITRADURGA CITY-577 501.
2. S.N. MANJUNATH SETTY S/O. LATE LAXMINARAYANA SETTY AGED ABOUT 69 YEARS R/O. J.C.R. EXTENSION ’GURU KRUPA’ 4TH CROSS (WEST) CHITRADURGA CITY-577 501 3. DR. G.PRASHANTH S/O. G.CHIDANANDAPPA AGED ABOUT 40 YEARS J.C.R. EXTENSION 1ST CROSS (WEST) CHITRADURGA CITY-577 501. ... PETITIONERS (BY SRI S.V. PRAKASH, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT M.S. BUILDING BANGALORE-560 001.
2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C & B) K.R.CIRCLE, DR.AMBEDKAR VEEDHI BANGALORE-560 001.
3. THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT SHIMOGA CIRCLE SHIMOGA-577 201.
4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHITRADURGA DIVISION CHITRADURGA-577 501.
5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHITRADURGA SUB DIVISION CHITRADURGA-577 501.
6. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501.
7. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA-577 501.
8. THE CITY MUNICIPAL COUNCIL REPRESENTED BY ITS COMMISSIONER-577 501. ... RESPONDENTS (BY SMT. NILOUFER AKBER, A.G.A. FOR R1 TO R7; SRI S. MAHESH, ADV. FOR R8 - ABSENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEMOLISH THE PORTION OF THE BUILDINGS EXISTING ON THE SCHEDULE A, B AND C PROPERTIES TO THESE WRIT PETITIONS, AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri S.V. Prakash, learned counsel for petitioners. Smt. Niloufer Akbar, learned Additional Government Advocate for respondents No.1 to 7 and Sri S. Mahesh, learned counsel for respondent No.8.
2. The writ petitions are admitted for hearing.
With the consent of the parties, the matters are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for a direction to the respondents not to demolish the building raised by the petitioners, except in accordance with law.
4. The facts giving rise to filing of the writ petitions briefly stated are that the petitioners are the owners of the property situate alongside the road in question in Chitradurga City. The respondent No.8, on the direction of the Assistant Executive Engineer had directed the petitioners to demolish the portion of the buildings of their properties on the ground that the said land is required for widening of the road. In the aforesaid factual background, the present writ petitions are filed.
5. Learned counsel for the petitioners submitted that the respondents have no authority in law to take action for demolition of the property of the petitioners without taking recourse to the provisions of law.
6. On the other hand, learned Additional Government Advocate fairly submitted that action, if any against the petitioners shall be taken in accordance with law.
7. In view of the aforesaid submission and taking into account the fact that the right to hold the property is a constitutional right as provided under Article 300(A) of the Constitution of India, the writ petitions are disposed of with a direction to the respondents not to take any action for demolition of the property of the petitioners, except in accordance with law.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST